Bills › 89th General Assembly

SF 436Died when the session ended · March 2, 2021

Relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions

Topics:Civil rightsCourts & civil law

Where it is now

  1. Done: IntroducedFebruary 23, 2021
  2. Done: SubcommitteeFebruary 24, 2021
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary If a government rule makes it difficult for someone to practice their religion, courts would have to use a stricter test to decide if that rule is allowed. To keep a law that burdens religious practice, the government must prove it has a very important reason and is using the least restrictive way to achieve it. People can use this rule to defend themselves or make a claim in legal cases.1

Read the official explanation

This bill relates to the standard of judicial review when a state action burdens a person’s exercise of religion. Under current law, a court is not required to apply heightened scrutiny when reviewing a law that burdens a person’s exercise of religion when such law is generally applicable. The bill provides that a court shall apply the compelling interest test set forth in Sherbert v. 398 (1963) and Wisconsin v. 205 (1972) in such cases, so that state action cannot substantially burden a person’s exercise of religion unless it is demonstrated that applying the law of general applicability is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The bill provides that a person whose exercise of religion has been burdened by state action may assert such violation as a claim or defense in a judicial or administrative proceeding. The bill takes effect upon enactment.

Full bill text2

Senate subcommittee

Named February 24, 2021. On March 2, 2021 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§675.1§675.2§675.3§675.4§675.5

How the Code works3

Lobbying

5 for · 23 against · 2 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None got through a chamber.

  • SF 508 Relating to the standard of judicial review and providing a claim or defense when a state …
    88th General Assembly · Approved by committee · same title
    Cleared committee
  • HF 258 Relating to the standard of judicial review and providing a claim or defense when a state …
    88th General Assembly · In committee · same title
    Cleared committee
  • SF 240 Relating to the standard of judicial review and providing a claim or defense when a state …
    88th General Assembly · Renumbered as SF 508 · same title
    Cleared committee

Similar bills this General Assembly

  • HF 229 Relating to the standard of judicial review and providing a claim or defense when a state …
    90th General Assembly · In committee
    Very similar

Matched by wording or an identical title.